request for proposal for print, scan and copy … · 2020. 4. 27. · page 1 of 75 request for...

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REQUEST FOR PROPOSAL FOR PRINT, SCAN AND COPY EQUIPMENT, MANAGED PRINT SOLUTIONS, AND RELATED PRODUCTS AND SERVICES

EDUCATION SERVICE CENTER, REGION 10

400 E Spring Valley Rd

Richardson, TX 75081

Telephone: (972) 348-1110

Publication date 01/31/2020

Product or service Print, Scan and Copy Equipment, Managed Print Solutions, and

Related Products and Services

RFP # EQ-013120-02

Proposal due date 03/12/2020

Proposal submittal location https://region10.bonfirehub.com/portal/?tab=login

Principle contract officer Clint Pechacek

Purchasing Consultant

Public opening location Region 10 ESC

Rockwall Room

400 East Spring Valley Rd.

Richardson, TX 75081

Education Service Center, Region 10 (“Region 10 ESC”) is seeking proposals for the procurement of Print,

Scan and Copy Equipment, Managed Print Solutions, and related products and services. Responses will be

accepted by Education Service Center, Region 10 until 2:00 PM, March 12th, 2020. All times are Central

Time.

In general, Coop members will reference this RFP when purchasing from the vendor. Region 10 ESC will not

charge a fee to public agencies for participation in the purchasing coop.

Faxed responses will not be considered. By submitting a response, responder certifies to the best of his/her

knowledge that all information is true and correct. All proposals must be submitted electronically as

directed in the Bonfire procurement application. Scanned submissions are acceptable where PDF files are

requested.

Responses should be submitted on the forms provided. Only responses received by the date and time

specified will be considered. PRICE, QUALITY, AND SUITABILITY: It is not the policy of Region 10 ESC to

purchase services solely on the basis of low price alone; quality and suitability to purpose are taken into

consideration. Term discount, if any, must be indicated on Deviation Statement & Signature Page and will

be considered.

The Region 10 ESC Board of Directors may approve awarding of this proposal to one or more vendors. The

Board of Directors also reserves the right to reject all proposals if it determines in its sole discretion that a

reasonable basis exists for doing so. Consideration for an exclusive award to a single national supplier will

https://region10.bonfirehub.com/portal/?tab=login

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be given for vendors who respond with value that separates the vendor from other respondents within the

competitive range.

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LEAD AGENCY AGREEMENT

The purpose of Region 10 ESC soliciting this Request for Proposal is to create a Lead Agency

Agreement for Print, Scan and Copy Equipment, Managed Print Solutions, and related products

and services for use by public agencies supported under this contract. Region 10 ESC, as the Lead

Agency, as defined in Attachment A, has come together with the Equalis Group to make the

resultant contract (also known as the “Lead Agency Agreement”) from this Request for Proposal

available to other public agencies not only locally, but also nationally, including county, city,

state, special district, local government, school district, private K-12 school, higher education

institution, other government agency or non-profit organization (“Public Agencies”), for the

public benefit through the Equalis Group’s cooperative purchasing program. Region 10 ESC will

serve as the contracting agency for any other Public Agency that elects to access the resulting

Lead Agency Agreement.

Access to the Lead Agency Agreement by any Public Agency must be preceded by its registration

with Equalis Group as a Participating Public Agency in Equalis Group’s cooperative purchasing

program. Attachment A contains additional information on Equalis Group and the cooperative

purchasing program. Equalis Group provides marketing and administrative support for the

awarded vendor (“Supplier”) that promotes the successful vendors’ products and services to the

Participating Public Agencies nationwide.

Participating Public Agencies benefit from pricing based on aggregate spending and the

convenience of a contract that has already been advertised and competitively awarded. The

Supplier benefits from a contract that allows Participating Public Agencies to directly purchase

goods and services without the Supplier’s need to respond to multiple competitive solicitations.

As such, the Supplier must be able to accommodate a nationwide demand for services and to

fulfill obligations as a nationwide Supplier and respond to the Equalis Group documents

(Attachment A).

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OPEN RECORDS POLICY ACKNOWLEDGMENT AND ACCEPTANCE

Be advised that all information and documents submitted will be subject to the Public Information Act

requirements governed by Chapter 552 of the Texas Government Code.

Because contracts are awarded by a Texas governmental entity, all responses submitted are subject to release as public

information after contracts are executed. If a Respondent believes that its response, or parts of its response, may be

exempted from disclosure to the public, the Respondent must specify page-by-page and line-by-line the parts of the

response, which it believes, are exempted from disclosure. In addition, the Respondent must specify which

exception(s) are applicable and provide detailed reasons to substantiate the exception(s). Respondent must provide

this information on the “Acknowledgement and Acceptance to Region 10 ESC’s Public Information Act Policy” form

found on the next page of this solicitation. Any information that is unmarked will be considered public information and

released, if requested under the Public Information Act.

The determination of whether information is confidential and not subject to disclosure is the duty of the Office of

Attorney General (OAG). Region 10 ESC must provide the OAG with the information requested in order for the OAG to

render an opinion. In such circumstances, Respondent will be notified in writing that the material has been requested

and delivered to the OAG. Respondent will have an opportunity to make arguments to the OAG in writing regarding

the exception(s) to the TPIA that permit the information to be withheld from public disclosure. Respondents are

advised that such arguments to the OAG must be specific and well-reasoned--vague and general claims to

confidentiality by the Respondent are generally not acceptable to the OAG. Once the OAG opinion is received by

Region 10 ESC, Region 10 ESC must comply with the opinions of the OAG. Region 10 ESC assumes no responsibility for

asserting legal arguments on behalf of any Respondent. Respondents are advised to consult with their legal counsel

concerning disclosure issues resulting from this procurement process and to take precautions to safeguard trade

secrets and other proprietary information.

After completion of award, these documents will be available for public inspection.

Signature below certifies complete acceptance of Region 10 ESC’s Open Records Policy, except as noted

below (additional pages may be attached, if necessary).

Check one of the following responses to the Acknowledgment and Acceptance of Region 10 ESC’s Open

Records Policy below:

We acknowledge Region 10 ESC’s Public Information Act policy and declare that no information submitted with this proposal, or any part of our proposal, is exempt from disclosure under the Public Information Act.

(Note: All information believed to be a trade secret or proprietary must be listed below. It is further understood that failure to

identify such information, in strict accordance with the instructions below, will result in that information being considered public

information and released, if requested under the Public Information Act.)

We declare the following information to be a trade secret or proprietary and exempt from disclosure under the Public Information Act.

(Note: Respondent must specify page-by-page and line-by-line the parts of the response, which it believes, are exempt. In addition, Respondent must specify which exception(s) are applicable and provide detailed reasons to substantiate the exception(s).

Date Authorized Signature & Title

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A. INTRODUCTION

I. Background on Region 10 Education Service Center Region 10 Education Service Center (“Region 10 ESC” herein “Lead Agency”) on behalf of itself and,

potentially, all state, local governments, school districts, and higher education institutions in the United

States of America, and other government agencies and non-profit organizations (herein “Public Agencies”)

solicits proposals from qualified Respondents to enter into a Vendor Contract (“contract”) for the goods or

services solicited in this invitation.

Contracts are approved and awarded by a single governmental entity, Region 10 ESC, and are only available

for use and benefit of all entities complying with their respective state procurement laws and regulations

(public and private schools, colleges and universities, cities, counties, non-profits, and all governmental

entities).

II. What is the role of Equalis Group Equalis Group assists Region 10 ESC in helping other public agencies and non-profits reap the benefits of

national leveraged pricing, with no cost to the participating member. Equalis Group leverages one of the

largest pools of purchasing potential. This is accomplished by competitively soliciting proposals and

awarding contracts for commonly purchased products and services.

III. Purpose of Region 10 ESC The mission of Region 10 is to be a trusted, student-focused partner that serves the learning community

through responsive, innovative educational solutions. It is Region 10’s intent to:

• Provide governmental and public entities opportunities for greater efficiency and economy in

procuring goods and services.

• Take advantage of state-of-the-art purchasing procedures to ensure the most competitive contracts.

• Provide competitive price and bulk purchasing for multiple government or public agencies that

yields economic benefits unobtainable by the individual entity.

• Provide quick and efficient delivery of goods and services.

• Equalize purchasing power for smaller agencies that are unable to command the best contracts for

themselves.

• Help in assisting customers with use of best business practices.

IV. Customer Service

• Region 10 ESC is dedicated to making its contracts successful for both its members and its awarded

vendors.

• Region 10 ESC is committed to providing its members and awarded vendors with high quality

service.

• Region 10 ESC has dedicated staff available to answer questions, offer guidance and help in any way

possible.

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B. SCOPE

It is the intention of Region 10 ESC to establish a contract with vendor(s) for Print, Scan and Copy

Equipment, Managed Print Solutions, and related products and services. Awarded vendor(s) shall perform

covered services under the terms of this agreement. See appendix B and C for more detailed scope and

pricing requirements.

C. KEY DEFINITIONS

Days: means calendar days.

Lead agency: means Region 10 in its capacity as the government entity advertising, soliciting, evaluating and

awarding the contract.

Procurement: means buying, purchasing, renting, leasing or otherwise acquiring any materials, services or

construction. Procurement also includes all functions that pertain to the obtaining of any material, service,

or construction, including description of requirements, selection and solicitation of sources, preparation and

award of contract and all phases of contract administration.

Responsive Respondent: means a person, company, firm, corporation, partnership or other organization

who submits a proposal which conforms in all material respects to the invitation for bids or request for

proposals.

Solicitation: means an invitation for bids, a request for technical offers, a request for proposals, a request

for quotations or any other solicitation or request by which we invite a person to participate in a

procurement.

Specifications: means any description of physical or functional characteristics, or of the nature of a material,

service or construction of item. Specifications may include a description or any requirement for inspecting,

testing or preparing a material, service or construction item for delivery.

Vendor: means any provider or seller of goods and/or services that has a contractual relationship with

Equalis Group or Region 10 ESC.

D. GENERAL TERMS AND INSTRUCTIONS TO RESPONDENTS

SUBMISSION FORMAT AND COMMUNICATION

It is the responsibility of the vendor to make certain that the company submitting a proposal, along with

appropriate contact information, is on file with Region 10 ESC for the purpose of receiving addenda.

I. Response Submission: All proposals must be submitted electronically as directed in the Bonfire procurement application. Scanned submissions are acceptable where PDF files are requested.

Responses will remain sealed by the Bonfire procurement application until the bid opening time specified.

Responses received outside the Bonfire procurement application will not be accepted. Sealed responses

may be submitted on any or all items, unless stated otherwise. Proposal may be rejected for failure to

comply with the requirements set forth in this invitation.

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Region 10 ESC reserves the right to cancel solicitation, reject any or all proposals, to accept any proposal

deemed most advantageous to the participants in Region 10 ESC and to waive any informality in the

proposal process. Participating agency or entity also reserves the right to cancel solicitation and reject any or

all proposals if it is advantageous to the school district.

Deviations from any terms, conditions and/or specifications must be conspicuously noted in writing by the Respondent and shall be included with the response. (See Appendix D).

II. Proposal Format: The electronic narrative portion and the materials presented in response to this Request for Proposal should be submitted in the same order as requested. Responses should be consolidated into one PDF file for the RFP response, one PDF file for the Attachment A (Equalis Group Exhibits) response and one Excel file for the Attachment B (pricing) response.

III. Time for receiving proposals: Proposals received prior to the submittal deadline will be kept secure and unopened. No proposals received after the submittal time and deadline will be considered. Late proposals will be returned to sender unopened.

IV. Inquiries and/or discrepancies: Questions regarding this solicitation must be submitted in the Bonfire procurement application. All questions and answers will be posted to the Bonfire procurement application. Respondents are responsible for viewing the Bonfire procurement application to review all questions and answers prior to submitting proposals. Please note that oral communications concerning this RFP shall not be binding and shall in no way excuse the responsive Respondent of the obligations set forth in this invitation.

V. Restricted and Prohibited Communications with Region 10 ESC and Equalis Group: During the period between the date Region 10 ESC issues this RFP and the selection of the vendor who is awarded a contract by Region 10 ESC, if any, Respondents shall restrict all contact with Region 10 ESC and Equalis Group, and direct all questions regarding this RFP, including questions regarding terms and conditions, only to the Bonfire procurement application in the specified manner. Do not contact members of the Board of Directors, other employees of Region 10 ESC, any of Region 10 ESC’s agents or administrators or Equalis Group employees. Contact with any of these prohibited individuals after issuance of this RFP and before selection is made, may result in disqualification of the Respondent.

The communications prohibition shall terminate when the contract is recommended by the administration,

considered by the Board of Directors at a noticed public meeting, and a contract has been awarded. In the

event the Board of Directors refers the recommendation back to staff for reconsideration, the

communications prohibition shall be re-imposed. Additionally, during the time period between the award

by the Board of Directors and the execution of the contract, Respondents shall not engage in any prohibited

communications as described in this section.

Prohibited communications include direct contact, discussion, or promotion of any Respondent’s response

with any member of Region 10 ESC’s Board of Directors or employees except for communications with

Region 10 ESC’s designated representative as set forth in this RFP and only in the course of inquiries,

briefings, interviews, or presentations. This prohibition is intended to create a level playing field for all

potential Respondents, to assure that decisions are made in public, and to protect the integrity of the RFP

process. Except as provided in the above stated exceptions, the following communications regarding a

particular invitation for bids, requests for proposal, requests for qualifications, or other solicitation are

prohibited:

mailto:inhttps://www.region10.org/about-us/request-for-proposals-bids/

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• Communications between a potential vendor, service provider, Respondent, offeror, lobbyist or

consultant and any member of Region 10 ESC’s Board of Directors;

• Communications between any director and any member of a selection or evaluation committee; and

• Communications between any director and administrator or employee.

• The communications prohibition shall not apply to the following:

o Communications with Region 10 ESC’s purchasing agent specifically named and authorized

to conduct and receive such communications under this RFP or upon the request of Region

10 ESC, with Region 10 ESC’s legal counsel; and

o Presentations made to the Board of Directors during any duly noticed public meeting at

which the solicitation is under consideration and the Vendor has been invited to present to

the Board.

• Nothing contained herein shall prohibit any person or entity from publicly addressing Region 10

ESC’s Board of Directors during any duly noticed public meeting, in accordance with applicable

Board policies, on a matter other than this RFP, or in connection with a presentation requested by

Region 10 ESC’s representatives.

• Communication with any employee of Equalis Group

VI. Addenda: if required, will be issued by Region 10 ESC to all those known to have received a complete set of Proposal documents. The vendor shall acknowledge on the Signature Form the number of addenda received.

VII. Calendar of events (subject to change):

Event Date:

Issue RFP 01/31/2020

Deadline for receipt of questions via email 03/05/2020

Issue Addendum/a (if required) 03/06/2020

Proposal Due Date 03/12/2020

Approval from Region 10 ESC 04/15/2020

Contract Effective Date 05/01/2020

CONDITIONS OF SUBMITTING PROPOSALS

VIII. Amendment of Proposal: A proposal may be amended up to the time of opening by amending the proposal submitted in the Bonfire procurement application.

IX. Withdrawal of proposals: Withdrawal of proposals prior to the opening date will be permitted. Withdrawal of proposal will not be allowed for a period of 120 days following the opening. Pricing will remain firm for 120 days from submittal. However, consideration may be given in cases where Respondent advises that it made a clerical error that is substantially lower than it intended. In such case, Respondent must provide written notice of their desire to withdraw, along with supporting documents, within three (3) business days of receiving the acceptance letter. Any contracts entered into prior to Region 10 ESC receiving notice must be honored.

No Respondent should assume that their withdrawal request has been accepted unless, and until, they

receive written acknowledgment and acceptance of their proposal withdrawal.

X. Clarifications: Region 10 ESC may, by written request, ask a Respondent for additional information or clarification after review of the proposals received for the sole purpose of eliminating minor irregularities,

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informalities, or apparent clerical mistakes in the proposal. Clarification does not give Respondent an opportunity to revise or modify its proposal, except to the extent that correction of apparent clerical mistakes results in a revision. Region 10 ESC will not assist Respondent in bringing its proposal up to the level of other proposals through discussions. Region 10 ESC will not indicate to Respondent a cost or price that it must meet to either obtain further consideration nor will it provide any information about other Respondents’ proposals or prices.

XI. Best and Final Offer: Region 10 ESC, in its sole discretion, may request all Offerors in the competitive range to submit a Best and Final Offer. Offerors must submit their Best and Final Offers in writing. If an Offeror does not respond to the request for a Best and Final Offer, that Offeror’s most recent prior offer will be considered to be its Best and Final Offer.

XII. Specifications: When a solicitation contains a specification that states no substitutions, no deviation from this requirement will be permitted. Respondent must comply with the true intent of the specifications and drawings and not take advantage of any unintentional error or omission. In cases where no type and kind of product is specified, Region 10 ESC specifications have been developed to indicate minimal standards as to the usage, materials, and contents based on the needs of the members.

References to manufacturer’s specifications (Design Guides), when used by Region 10 ESC, are to be

considered informative to give the Respondent information as to the general style, type and kind requested.

Responses proposing goods, materials or equipment regularly produced by a reputable manufacturer shall

be evaluated by Region 10 ESC which will, in its sole discretion, determine whether such proposed goods,

materials or equipment are substantially equivalent to the Design Guides, considering quality, workmanship,

economy of operation, and suitability for the purpose intended. Respondents should include all

documentation required to evaluate whether or not their proposed goods, materials or equipment are

substantially equivalent to the Design Guides.

XIII. Quality of Materials or Services: Respondent shall state the brand name and number of the materials being provided. If none is indicated then it is understood that the Respondent is quoting on the exact brand name and number specified or mentioned in the solicitation.

However, unless specifically stated otherwise and in accordance with purchasing laws and regulations,

comparable substitutions will be permitted in cases where the material is equal to that specified,

considering quality, workmanship, economy of operation and suitability for the purpose intended.

XIV. Samples: Upon request, samples shall be furnished to Region 10 ESC free of cost within seven (7) days after receiving notice of such request. By submitting the proposal Respondent certifies that all materials conform to all applicable requirements of this solicitation and of those required by law. Respondent agrees to bear the costs for laboratory testing, if results show that the sample does not comply with solicitation requirements. Submissions may be rejected for failing to submit samples as requested.

XV. Deviations and Exceptions: Deviations or exceptions stipulated in response may result in disqualification. It is the intent of Region 10 ESC to award a manufacturer’s complete line of products, when possible.

XVI. Change Orders: The awarded vendor shall follow the requirements of all specifications and drawings as closely as construction will permit. Should existing conditions or limitations require a major change or rearrangement, the change shall be allowed only upon issuance by Region 10 ESC of a written change order. Participating agency and awarded vendor shall establish a procedure for identifying and approving changes to the work. Procedure shall include provisions for field change orders. Change orders shall be properly documented in writing.

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XVII. Manufacturer’s Representative: Respondents submitting proposals as a manufacturer’s representative shall be able to supplement offer with a letter from the manufacturer certifying that Respondent is an actual dealer for that manufacturer and that the Respondent is authorized to submit a proposal for that product, and which guarantees that if the Respondent should fail to satisfactorily fulfill any obligations established as a result of the award of contract, the manufacturer will either assume the Respondent’s obligations or arrange for fulfillment through another competent dealer to complete the balance of the project.

XVIII. Formation of Contract: A response to this solicitation is an offer to contract with Region 10 ESC based upon the terms, conditions, scope of work, and specifications contained in this request. A solicitation does not become a contract until it is awarded by Region 10 ESC. A contract is formed when Region 10 ESC’s board or designee signs the Vendor Contract Signature Form. The prospective vendor must submit a signed Vendor Signature Form with the response, thus eliminating the need for a formal signing process.

XIX. Estimated Quantities: Region 10 ESC anticipates that a substantial number of participating members will enter into contracts resulting from this solicitation; however, Region 10 ESC makes no guarantee or commitment of any kind concerning quantities or usage of contracts resulting from this solicitation. The annual volume for this contract is estimated to be over $250 million annually by year three (3) of the contract. This information is provided solely as an aid to contract vendors in preparing proposals only, and performance will be determined by other factors such as awarded supplier’s competitiveness, and overall performance and support of the contract. The successful Vendor(s) discount and pricing schedule shall apply regardless of the volume of business under the contract.

XX. Multiple Awards: Membership includes a large number of potential entities which may utilize this contract throughout the nation. In order to assure that any ensuing contract(s) will allow Region 10 ESC to fulfill current and future needs, Region 10 ESC reserves the right to award contract(s) to multiple vendors. The decision to award multiple contracts, award only one contract, or to make no awards rests solely with Region 10 ESC.

XXI. Non-Exclusive: Any contract resulting from this solicitation shall be awarded with the understanding and agreement that it is for the sole convenience and benefit of participating members. Region 10 ESC and participating entities reserve the right to obtain like goods and services from other sources.

AWARD PROCESS

XXII. Award or rejection of proposals: In accordance with applicable laws, rules, and regulations for public purchasing, award(s) will be made to the responsive and responsible Respondent(s) whose proposal(s) is/are determined to be the lowest cost and most responsible to participating agencies, price and other factors considered. Region 10 ESC reserves the right to use a “Market Basket Survey” method, based on randomly selected criteria to determine the most responsible response. To qualify for evaluation, response must have been submitted on time, and satisfy all mandatory requirements identified in this document. Proposals that are materially non-responsive will be rejected and Region 10 ESC will provide notice of rejection to the Respondent.

XXIII. Evaluation Process: In evaluating the responses the following predetermined criteria is considered:

Products/Pricing (40 Points)

1. All products and services available including consumables, parts and labor for a managed print

services solution

2. Pricing for all available products and services

3. Pricing for warranties on all products and services

4. Ability of Customers to verify that they received contract pricing

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5. Payment methods

6. Other factors relevant to this section as submitted by the Respondent

Performance Capability (30 Points)

1. Ability to deliver products and services nationally

2. Response to service calls and emergency break/fix situations

3. Shipping charges

4. Return and restocking policy and applicable fees

5. Ability to meet service and warranty needs of members

6. Customer service/problem resolution

7. Invoicing process

8. Contract and overall solution implementation/Customer transition

9. Financial condition of vendor

10. Reporting capabilities regarding consumption, optimization, billing, etc.

11. Website ease of use, availability, and capabilities related to ordering, returns and reporting

12. Respondent’s safety record

13. Instructional materials


Qualification and Experience (20 Points)

1. Respondent reputation in the marketplace

2. Reputation of products and services in the marketplace

3. Past relationship with Region 10 ESC and/or Region 10 ESC members

4. Experience and qualification of key employees

5. Location and number of sales persons who will work on this contract

6. Past experience working with the government sector

7. Exhibited understanding of cooperative purchasing

8. Past litigation, bankruptcy, reorganization, state investigations of entity or current officers and

directors

9. Minimum of 3 customer references relating to the products and services within this RFP

10. Certifications in the Industry

11. Company profile and capabilities


Value Add (10 Points)

1. Marketing plan and capability

2. Sales force training


XXIV. Competitive Range: It may be necessary to establish a competitive range. Factors from the predetermined criteria will be used to make this determination. Responses not in the competitive range are unacceptable and do not receive further award consideration.

XXV. Evaluation: A committee will review and evaluate all responses and make a recommendation for award of contract(s). The recommendation for contract awards will be based on the predetermined criteria factors outlined in this solicitation, where each factor is assigned a point value based on its importance. Recommendation for award of a contract will be presented to the Region 10 ESC board of directors for final approval.

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XXVI. Past Performance: A vendor’s performance and actions under previously awarded contracts regarding a vendor’s actions under previously awarded contracts to schools, local, state, or federal agencies are relevant in determining whether or not the vendor is likely to provide quality goods and services to our members; including the administrative aspects of performance; the vendor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the Respondent’s businesslike concern for the interests of the customer.

XXVII. Taxes (State of AZ Respondents only): All applicable taxes in the offer will be considered by the School District/public entity when determining the lowest proposal or evaluating proposals, except when a responsive Respondent which is otherwise reasonably susceptible for award is located outside of Arizona and is not subject to a transaction privilege or use tax of a political subdivision of this state. In that event, all applicable taxes which are the obligation of Respondents in state and out of state, shall be disregarded in the Contract Award. At all times, payment of taxes and the determination of applicable taxes and rates are the sole responsibility of the Contractor.

PROTEST OF NON-AWARD

XXVIII. Protest Procedure: Any protest of an award or proposed award must be filed in writing within ten (10) days from the date of the official award notification and must be received by 5:00 pm Central Time. No protest shall lie for a claim that the selected Vendor is not a responsible Respondent. Protests shall be filed with Ms. Sue Hayes at Region 10 ESC, 400 E Spring Valley Rd, Richardson, TX 75081. Protests shall follow Region 10 ESC complaint policy EF(LOCAL), a copy of which is available at https://pol.tasb.org/Policy/Code/374?filter=EF, and it must be on a form provided by Region 10 ESC, which will include the following:

1. Name, address and telephone number of protester 2. Original signature of protester or its representative

3. Identification of the solicitation by RFP number

4. Detailed statement of legal and factual grounds including copies of relevant documents;

and the form of relief requested

5. Any protest review and action shall be considered final with no further formalities being considered.

NON-COLLUSION, EMPLOYMENT AND SERVICES

XXIX. By signing the Offer and Acceptance form or other official contract form, the Respondent certifies that: 1. It did not engage in collusion or other anti-competitive practices in connection with the preparation or submission of its offer; and 2. It does not discriminate against any employee, applicant for employment, or person to whom it provides services because of race, color, religion, sex, national origin, or disability and that it complies with all applicable federal, state, and local laws and executive orders regarding employment.

LIMITATION OF LIABILITY

XXX. Waiver: BY SUBMITTING A PROPOSAL, OFFER EXPRESSLY AGREES TO WAIVE ANY CLAIM IT HAS OR MAY HAVE AGAINST BOTH EQUALIS GROUP AND REGION 10 EDUCATION SERVICE CENTER, ITS DIRECTORS, OFFICERS, OR AGENTS AND THE MEMBERS ARISING OUT OF OR IN CONNECTION WITH (1) THE ADMINISTRATION, EVALUATION, RECOMMENDATION OF ANY PROPOSAL; (2) ANY REQUIREMENTS UNDER THE SOLICITATION, PROPOSAL PACKAGE, OR RELATED DOCUMENTS; (3) THE REJECTION OF ANY PROPOSAL OR ANY PART OF ANY PROPOSAL; AND/OR (4) THE AWARD OF A CONTRACT, IF ANY.

https://pol.tasb.org/Policy/Code/374?filter=EF

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XXXI. NEITHER REGION 10 ESC NOR EQUALIS GROUP SHALL BE RESPONSIBLE OR LIABLE FOR ANY COSTS INCURRED BY RESPONDENTS OR THE SELECTED VENDOR IN CONNECTION WITH RESPONDING TO THE RFP, PREPARING FOR ORAL PRESENTATIONS, PREPARING AND SUBMITTING A PROPOSAL, ENTERING OR NEGOTIATING THE TERMS OF A CONTRACT, OR ANY OTHER EXPENSES INCURRED BY A RESPONDENT. THE RESPONDENT OR SELECTED VENDOR IS WHOLLY RESPONSIBLE FOR ANY SUCH COSTS AND EXPENSES AND SHALL NOT BE REIMBURSED IN ANY MANNER BY REGION 10 ESC OR EQUALIS GROUP.

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Appendix A: VENDOR CONTRACT AND SIGNATURE FORM

This Vendor Contract and Signature Form (“Contract”) is made as of __________, by and between

(“Vendor”)and Region 10 Education Service

Center (“Region 10 ESC”) for the purchase of Print, Scan and Copy Equipment, Managed Print Solutions, and

related products and services (“the products and services”).

RECITALS

WHEREAS, both parties agree and understand that the following pages will constitute the contract between

the successful vendor(s) and Region 10 ESC, having its principal place of business at Education Service

Center, Region 10, 400 E Spring Valley Rd, Richardson, TX 75081

WHEREAS, Vendor agrees to include, in writing, any required exceptions or deviations from these terms,

conditions, and specifications; and it is further understood that if agreed to by Region 10 ESC, said

exceptions or deviations will be incorporated into the final contract “Vendor Contract.”

WHEREAS, this contract consists of the provisions set forth below, including provisions of all attachments

referenced herein. In the event of a conflict between the provisions set forth below and those contained in

any attachment, the provisions set forth below shall control.

WHEREAS, the Vendor Contract will provide that any state, county, special district, local government, school

district, private K-12 school, technical or vocational school, higher education institution (including

community colleges, colleges and universities, both public and private), other government agencies or non-

profit organization may purchase products and services at prices indicated in the Vendor Contract upon

registering and becoming a member with Region 10 ESC; and it being further understood that Region 10 ESC

shall act as the Lead Agency with respect to all such purchase agreements.

WHEREAS, Equalis Group has the administrative and legal capacity to administer purchases on behalf of

Region 10 ESC under the Vendor Contract with participating public agencies and entities, as permitted by

applicable law.

ARTICLE 1- GENERAL TERMS AND CONDITIONS

1.1 Equalis Group shall be afforded all of the rights, privileges and indemnifications afforded to Region

10 ESC under the Vendor Contract, and such rights, privileges and indemnifications shall accrue and apply

with equal effect to Equalis Group, including, without limitation, Vendor’s obligation to provide insurance

and other indemnifications to Lead Agency.

1.2 Awarded vendor shall perform all duties, responsibilities and obligations, set forth in this

agreement, and required under the Vendor Contract.

1.3 Equalis Group shall perform its duties, responsibilities and obligations as administrator of purchases,

set forth in this agreement, and required under the Vendor Contract.

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1.4 Customer Support: The vendor shall provide timely and accurate technical advice and sales support

to Region 10 ESC staff, Equalis Group staff and participating agencies. The vendor shall respond to such

requests within one (1) working day after receipt of the request.

ARTICLE 2- ANTICIPATED TERM OF AGREEMENT

2.1 Term: The term of the Contract shall commence upon award and shall remain in effect for a period of three (3) years, unless terminated, canceled or extended as otherwise provided herein. The Contractor agrees that Region 10 ESC shall have the right, at its sole option, to renew the Contract for four (4) additional one-year periods or portions thereof. In the event that Region 10 ESC exercises such rights, all terms, conditions and provisions of the original Contract shall remain the same and apply during the renewal period with the possible exception of price and minor scope additions and/or deletions.

2.2 Automatic Renewal: Renewal will take place automatically for one (1) year unless Region 10 ESC gives written notice to the awarded supplier at least ninety (90) days prior to the expiration.

ARTICLE 3- REPRESENTATIONS AND COVENANTS

Scope: This contract is based on the need to provide the economic benefits of volume purchasing and

reduction in administrative costs through cooperative purchasing to schools and other members.

Compliance: Cooperative Purchasing Agreements between Equalis Group and its Members have been

established under state procurement law.

Respondent’s promise: Respondent agrees all prices, terms, warranties, and benefits granted by

Respondent to Members through this contract are comparable to or better than the equivalent terms

offered by Respondent to any present customer meeting the same qualifications or requirements.

ARTICLE 4- FORMATION OF CONTRACT

4.1. Respondent contract documents: Region 10 ESC will review proposed Respondent contract

documents. Vendor’s contract document shall not become part of Region 10 ESC’s contract with vendor

unless and until an authorized representative of Region 10 ESC reviews and approves it.

4.2. Form of contract: The form of contract for this solicitation shall be the Request for Proposal, the

awarded proposal(s) to the lowest responsible Respondent(s), and properly issued and reviewed purchase

orders referencing the requirements of the Request for Proposal. If a firm submitting a proposal requires

Region 10 ESC and/or Member to sign an additional agreement, a copy of the proposed agreement must be

included with the proposal.

4.3. Entire Agreement (Parol evidence): The contract, as specified above, represents the final written

expression of agreement. All agreements are contained herein and no other agreements or representations

that materially alter it are acceptable.

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4.4. Assignment of Contract: No assignment of contract may be made without the prior written

approval of Region 10 ESC. Purchase orders and payment can only be made to awarded vendor unless

otherwise approved by Region 10 ESC. Awarded vendor is required to notify Region 10 ESC when any

material change in operations is made that may adversely affect members (i.e. awarded vendor bankruptcy,

change of ownership, merger, etc.).

4.5. Contract Alterations: No alterations to the terms of this contract shall be valid or binding unless

authorized and signed with a “wet signature” by a Region 10 ESC staff member.

4.6. Order of precedence: In the event of a conflict in the provisions of the contract as accepted by

Region 10 ESC, the following order of precedence shall prevail:

• Special terms and conditions

• General terms and conditions

• Specifications and scope of work

• Attachments and exhibits

• Documents referenced or included in the solicitation

4.8 Supplemental Agreements: The entity participating in the Region 10 ESC contract and awarded

vendor may enter into a separate supplemental agreement to further define the level of service

requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering

requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract

is exclusively between the participating entity and awarded vendor. Neither Region 10 ESC, Equalis Group,

its agents, members and employees shall be made party to any claim for breach of such agreement.

ARTICLE 5- TERMINATION OF CONTRACT

5.1. Cancellation for non-performance or contractor deficiency: Region 10 ESC may terminate any

contract if Members have not used the contract, or if purchase volume is determined to be low volume in

any 12-month period. Region 10 ESC reserves the right to cancel the whole or any part of this contract due

to failure by contractor to carry out any obligation, term or condition of the contract. Region 10 ESC may

issue a written deficiency notice to contractor for acting or failing to act in any of the following:

i. Providing material that does not meet the specifications of the contract;

ii. Providing work and/or material that was not awarded under the contract;

iii. Failing to adequately perform the services set forth in the scope of work and specifications;

iv. Failing to complete required work or furnish required materials within a reasonable amount of

time;

v. Failing to make progress in performance of the contract and/or giving Region 10 ESC reason to

believe that contractor will not or cannot perform the requirements of the contract; and/or

vi. Performing work or providing services under the contract prior to receiving a Region 10 ESC

reviewed purchase order for such work.

Upon receipt of a written deficiency notice, contractor shall have ten (10) days to provide a satisfactory

response to Region 10 ESC. Failure to adequately address all issues of concern may result in contract

cancellation. Upon cancellation under this paragraph, all goods, materials, work, documents, data and

reports prepared by contractor under the contract shall become the property of the Member on demand.

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5.2 Termination for cause: If, for any reason, the Vendor fails to fulfill its obligation in a timely manner,

or if the vendor violates any of the covenants, agreements, or stipulations of this contract, Region 10 ESC

reserves the right to terminate the contract immediately and pursue all other applicable remedies afforded

by law. Such termination shall be effective by delivery of notice, to the vendor, specifying the effective date

of termination. In such event, all documents, data, studies, surveys, drawings, maps, models and reports

prepared by vendor for this solicitation may become the property of the participating agency or entity. If

such event does occur then vendor will be entitled to receive just and equitable compensation for the

satisfactory work completed on such documents.

5.3 Delivery/Service failures: Failure to deliver goods or services within the time specified or within a

reasonable time period as interpreted by the purchasing agent, or failure to make replacements or

corrections of rejected articles/services when so requested shall constitute grounds for the contract to be

terminated. In the event that the participating agency or entity must purchase in an open market,

contractor agrees to reimburse the participating agency or entity, within a reasonable time period, for all

expenses incurred.

5.4 Force Majeure: If by reason of Force Majeure, either party hereto shall be rendered unable wholly

or in part to carry out its obligations under this Agreement then such party shall give notice and full

particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the

event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such

Force Majeure, shall be suspended during the continuance of the inability then claimed, except as

hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such

inability with all reasonable dispatch.

The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial

disturbances, act of public enemy, orders of any kind of government of the United States or the State of

Texas or any civil or military authority; insurrections; riots; epidemics; landslides; lighting; earthquake; fires;

hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil

disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not

reasonably within the control of the party claiming such inability. It is understood and agreed that the

settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty,

and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall

not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or

parties when such settlement is unfavorable in the judgment of the party having the difficulty

5.5 Standard Cancellation: Either party may cancel this contract in whole or in part by providing written

notice. The cancellation will take effect 90 business days after the other party receives the notice of

cancellation. After the 90th business day all work will cease following completion of final purchase order.

Region 10 ESC reserves the right to request additional items not already on contract at any time.

ARTICLE 6- LICENSES

6.1 Duty to keep current license: Vendor shall maintain in current status all federal, state and local

licenses, bonds and permits required for the operation of the business conducted by vendor. Vendor shall

remain fully informed of and in compliance with all ordinances and regulations pertaining to the lawful

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provision of services under the contract. Region 10 ESC reserves the right to stop work and/or cancel the

contract of any vendor whose license(s) expire, lapse, are suspended or terminated.

6.2 Suspension or Debarment: Respondent shall provide a letter in the proposal notifying Region 10

ESC of any debarment, suspension or other lawful action taken against them by any federal, state, or local

government within the last five (5) years that precludes Respondent or its employees from participating in

any public procurement activity. The letter shall state the duration of the suspension or action taken, the

relevant circumstances and the name of the agency imposing the suspension. Failure to supply or disclose

this information may be grounds for cancellation of contract.

6.3 Survival Clause: All applicable software license agreements, warranties or service agreements that

were entered into between Vendor and Customer/participating member under the terms and conditions of

the Contract shall survive the expiration or termination of the Contract. All Purchase Orders issued and

accepted by Order Fulfiller shall survive expiration or termination of the Contract.

ARTICLE 7- DELIVERY PROVISIONS

7.1 Delivery: Vendor shall deliver said materials purchased on this contract to the participating member

issuing a Purchase Order. Conforming product shall be shipped within 7 days of receipt of Purchase Order. If

delivery is not or cannot be made within this time period the vendor must receive authorization from the

purchasing agency for the delayed delivery. At this point the participating entity may cancel the order if

estimated shipping time is not acceptable.

7.2 Inspection & Acceptance: If defective or incorrect material is delivered, purchasing agency may

make the determination to return the material to the vendor at no cost to the purchasing agency. The

vendor agrees to pay all shipping costs for the return shipment. Vendor shall be responsible for arranging

the return of the defective or incorrect material.

7.3 Responsibility for supplies tendered: Vendor shall be responsible for the materials or supplies

covered by this contract until they are delivered to the designated delivery point.

7.4 Shipping Instructions: Unless otherwise specified, each case, crate, barrel, package, etc, delivered

under this contract must be plainly labeled, securely tagged, stating Vendor’s name, purchase order

number, quantity contained therein, and delivery address as indicated in the order. Deliveries must be made

within the hours of 8:00 am – 4:00 pm. Deliveries at any other time (including Saturdays, Sundays and

holidays) will not be accepted unless arrangements have been made in advance with the receiver at the

delivery point. Vendor understands that it is their responsibility to ensure compliance with the delivery

instructions outlined in this agreement.

7.5 Additional charges: Unless bought on F.O.B. “shipping point” and Vendor prepays transportation,

no delivery charges shall be added to invoices except when express delivery is authorized and substituted on

orders for the method specified in the contract. In such cases, the difference between freight or mail and

express charges may be added to the invoice.

7.6 Buyer’s delays: Region 10 ESC will not be responsible for any late fees due the prime contractor by

the participating member. The prime contractor will negotiate with the participating agency for the

recovery of damages related to expenses incurred by the vendor for a delay for which the Region 10 ESC

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member is responsible, which is unreasonable, and which was not within the contemplation of the parties to

the contract between the two parties.

ARTICLE 8- BILLING AND REPORTING

8.1 Payments: The participating entity using the contract will make payments directly to the awarded

vendor.

Payment shall be made after satisfactory performance, in accordance with all provisions thereof, and upon

receipt of a properly completed invoice.

8.2 Tax Exempt Status: Since this is a national contract, knowing the tax laws in each state is the sole

responsibility of the Vendor.

8.3 Reporting: Vendor shall electronically provide Equalis Group with a detailed line item monthly

report showing the dollar volume of all member product sales under the contract for the previous month.

Reports shall be sent via e-mail to Equalis Group offices at [email protected]. Reports are due on

the fifteenth (15th) day after the close of the previous month. It is the responsibility of the awarded vendor

to collect and compile all sales under the contract from participating members and submit one (1) report.

Fields below marked as *required indicate a required field. All other fields are preferred, but not required:

Mem

ber

Dat

a

Equalis Member ID

Vendor Customer Number *required (or Equalis Member ID)

Customer Name *required

Customer Street Address *required

Customer City *required

Customer Zip Code *required

Customer State *required

Dis

trib

uto

r D

ata Distributor Name

Distributor ID

Distributor Street Address

Distributor City

Distributor Zip Code

Distributor State

Pro

du

ct D

ata

Product Category level 1

Product Category level 2 (Where available or applicable)

Product Category level 3 (Where available or applicable)

Distributor Product Number

Manufacturer Product Number

Product Description

Product Brand Name

Product packaging Unit of Measure level 1



mailto:[email protected]

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Spen

d D

ata

Purchase Unit of Measure

Purchase Quantity

Distributor Landed Cost Total $ (without deviations)

Distributor Landed Cost Total $ (with mfr deviations)

Customer Purchase Total $ *required

Admin Fee % *required

Admin Fee $ *required

ARTICLE 9- PRICING

9.1 Market competitive guarantee: Vendor agrees to provide market competitive pricing, based on the

value offered upon award, to Region 10 ESC and its participating public agencies throughout the duration of

the contract.

9.2 Price increase: Should it become necessary or proper during the term of this contract to make any

change in design or any alterations that will increase expense, Region 10 ESC must be notified immediately.

Price increases must be approved by Lead Agency and no payment for additional materials or services,

beyond the amount stipulated in the contract, shall be paid without prior approval. All price increases must

be supported by manufacture documentation, or a formal cost justification letter.

Vendor must honor previous prices for thirty (30) days after approval and written notification from Region

10 ESC if requested.

It is Vendor’s responsibility to keep all pricing up to date and on file with Region 10 ESC. All price changes

must be provided to Region 10 ESC, using the same format as was accepted in the original contract.

9.3 Additional Charges: All deliveries shall be freight prepaid, F.O.B. destination and shall be included in

all pricing offered unless otherwise clearly stated in writing.

9.4 Price reduction and adjustment: Price reduction may be offered at any time during contract and

shall become effective upon notice of acceptance from Region 10 ESC. Special, time-limited reductions are

permissible under the following conditions: 1) reduction is available to all Members equally; 2) reduction is

for a specific time period, normally not less than thirty (30) days; 3) original price is not exceeded after the

time-limit; and 4) Region 10 ESC has approved the new prices prior to any offer of the prices to a Member.

Vendor shall offer Region 10 ESC any published price reduction during the contract period.

9.5 Prevailing Wage: It shall be the responsibility of the Vendor to comply, when applicable, with the

prevailing wage legislation in effect in the jurisdiction of the purchaser (Region 10 ESC or its Participating

Members). It shall further be the responsibility of the Vendor to monitor the prevailing wage rates as

established by the appropriate Department of Labor for any increase in rates during the term of this

contract and adjust wage rates accordingly.

9.6 Administrative Fees: The Vendor agrees to pay administrative fees to Equalis Group based on the

terms set in Attachment A. All pricing submitted to Region 10 ESC shall include the administrative fee to be

remitted to Equalis Group by the awarded vendor.

9.7 Price Calculation: Cost plus a percentage as a primary mechanism to calculate pricing is not

allowed. Pricing may either be in the form of line item pricing, defined as a specific individual price on a

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product or service, or a percentage discount from a verifiable catalog or price list. Other discounts or

incentives may be offered.

ARTICLE 10- PRICING AUDIT

10.1 Audit rights: Vendor shall, at Vendor’s sole expense, maintain appropriate due diligence of all

purchases made by Region 10 ESC and any participating entity that accesses this Agreement. Equalis Group

and Region 10 ESC each reserve the right to audit the accounting for a period of three (3) years from the

time such purchases are made. This audit right shall survive termination of this Agreement for a period of

one (1) year from the effective date of termination. In the State of New Jersey, this audit right shall survive

termination of this Agreement for a period of five (5) years from the date of final payment. Such records

shall be made available to the New Jersey Office of the State Comptroller upon request. Region 10 ESC shall

have the authority to conduct random audits of Vendor’s pricing that is offered to eligible entities at Region

10 ESC's sole cost and expense. Notwithstanding the foregoing, in the event that Region 10 ESC is made

aware of any pricing being offered to eligible agencies that is materially inconsistent with the pricing under

this agreement, Region 10 ESC shall have the ability to conduct an extensive audit of Vendor’s pricing at

Vendor’s sole cost and expense. Region 10 ESC may conduct the audit internally or may engage a third-

party auditing firm. In the event of an audit, the requested materials shall be provided in the format and at

the location designated by Region 10 ESC or Equalis Group.

ARTICLE 11- PROPOSER PRODUCT LINE REQUIREMENTS

11.1 Current products: Proposals shall be for materials and equipment in current production and

marketed to the general public and education/government agencies at the time the proposal is submitted.

11.2 Discontinued products: If a product or model is discontinued by the manufacturer, Vendor may

substitute a new product or model if the replacement product meets or exceeds the specifications and

performance of the discontinued model and if the discount is the same or greater than the discontinued

model.

11.3 New products/Services: New products and/or services that meet the scope of work may be added

to the contract. Pricing shall be equivalent to the percentage discount for other products. Vendor may

replace or add product lines to an existing contract if the line is replacing or supplementing products on

contract, is equal or superior to the original products offered, is discounted in a similar or to a greater

degree, and if the products meet the requirements of the solicitation. No products and/or services may be

added to avoid competitive procurement requirements. Region 10 ESC may require additions to be

submitted with documentation from Participating Members demonstrating an interest in, or a potential

requirement for, the new product or service. Region 10 ESC may reject any additions without cause.

11.4 Options: Optional equipment for products under contract may be added to the contract at the time

they become available under the following conditions: 1) the option is priced at a discount similar to other

options; 2) the option is an enhancement to the unit that improves performance or reliability.

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11.5 Product line: Vendors with a published catalog may submit the entire catalog. Region 10 ESC

reserves the right to select products within the catalog for award without having to award all contents.

Region 10 ESC may reject any addition of equipment options without cause.

11.6 Warranty conditions: All supplies, equipment and services shall include manufacturer's minimum

standard warranty and one (1) year labor warranty unless otherwise agreed to in writing.

11.7 Buy American requirement: (for New Jersey and all other applicable States) Vendors may only use

unmanufactured construction material mined or produced in the United States, as required by the Buy

American Act. Where trade agreements apply, to the extent permitted by applicable law, then

unmanufactured construction material mined or produced in a designated country may also be used.

Vendors are required to check state specific requirements to ensure compliance with this requirement.

ARTICLE 12- SITE REQUIREMENTS

12.1 Cleanup: Vendor shall clean up and remove all debris and rubbish resulting from their work as

required or directed by Member. Upon completion of the work, the premises shall be left in good repair and

an orderly, neat, clean and unobstructed condition conducive to the Member’s business purpose.

12.2 Site Preparation: Vendor shall not begin a project for which Participating Member has not prepared

the site, unless Vendor does the preparation work at no cost, or until Participating Member includes the cost

of site preparation in a purchase order to the contractor. Site preparation includes, but is not limited to

moving furniture, moving equipment or obstructions to the work area, installation of wiring for networks or

any other necessary pre-installation requirements.

12.3 Registered sex offender restrictions: For work to be performed at schools, Vendor agrees that no

employee or employee of a subcontractor who has been adjudicated to be a registered sex offender will

perform work at any time when students are or are reasonably expected to be present. Vendor agrees that

a violation of this condition shall be considered a material breach and may result in the cancellation of the

purchase order at the Participating Member’s discretion. Vendor must identify any additional costs

associated with compliance of this term. If no costs are specified, compliance with this term will be

provided at no additional charge. Vendor is also responsible for ensuring that their employees or

contractors who have direct contact with students are properly fingerprinted and background checked in

accordance with local state law, if applicable.

12.4 Safety measures: Vendor shall take all reasonable precautions for the safety of employees on the

worksite, and shall erect and properly maintain all necessary safeguards for protection of workers and the

public. Vendor shall post warning signs against all hazards created by its operation and work in progress.

Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general

public and existing structures from injury or damage.

12.5 Smoking/Tobacco: Persons working under the contract shall adhere to local tobacco and smoking

(including e-cigarettes/vaping) policies. Smoking will only be permitted in posted areas or off premises.

12.6 Stored materials: Upon prior written agreement between the vendor and Member, payment may

be made for materials not incorporated in the work but delivered and suitably stored at the site or some

other location, for installation at a later date. An inventory of the stored materials must be provided to

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Participating Member with the application for payment seeking compensation for stored materials. Such

materials must be stored and protected in a secure location, and be insured for their full value by the vendor

against loss and damage. Vendor agrees to provide proof of coverage and/or addition of Participating

Member as an additional insured upon Participating Member’s request. Additionally, if stored offsite, the

materials must also be clearly identified as property of buying Participating Member and be separated from

other materials. Participating Member must be allowed reasonable opportunity to inspect and take

inventory of stored materials, on or offsite, as necessary.

Until final acceptance by the Participating Member, it shall be the Vendor's responsibility to protect all

materials and equipment. Vendor warrants and guarantees that title for all work, materials and equipment

shall pass to the Member upon final acceptance.

12.7 Maintenance Facilities and Support: It is preferred that each contractor should have maintenance

facilities and a support system available for servicing and repair of product and/or equipment. If a third

party is to be used to provide maintenance and support to the participating member, Respondent must

notify Region 10 ESC of that third party information. All technicians, applicators, installers shall be fully

certified, trained and licensed to perform said duties.

ARTICLE 13- MISCELENOUS

13.1 Funding Out Clause: Any/all contracts exceeding one (1) year shall include a standard “funding out”

clause. A contract for the acquisition, including lease, of real or personal property is a commitment of the

entity’s current revenue only, provided the contract contains either or both of the following provisions:

“Retains to the entity the continuing right to terminate the contract at the expiration of each budget period

during the term of the contract and is conditioned on a best efforts attempt by the entity to obtain

appropriate funds for payment of the contract in the subsequent fiscal year.”

13.2 Disclosures: Vendor affirms that he/she has not given, offered to give, nor intends to give at any

time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip,

favor or service to a public servant in connection with this contract.

Vendor has a continuing duty to disclose a complete description of any and all relationships that might be

considered a conflict of interest in doing business with participants in Equalis Group.

Vendor affirms that, to the best of his/her knowledge, the offer was arrived at independently, and was

submitted without collusion with anyone to obtain information or gain any favoritism that would in any way

limit competition or give an unfair advantage over other vendors in the award of this contract.

13.3 Indemnity: Vendor shall protect, indemnify, and hold harmless both Region 10 ESC and Equalis

Group and its participants, administrators, employees and agents against all claims, damages, losses and

expenses arising out of or resulting from the actions of Vendor, Vendor employees or Vendor subcontractors

in the preparation of the solicitation and the later execution of the contract, including any supplemental

agreements with members. Any litigation involving either Region 10 ESC or Equalis Group, its administrators

and employees and agents shall be in a court of competent jurisdiction in Dallas County, Texas. Texas law

shall apply to any such suit, without giving effect to its choice of laws provisions. Any litigation involving

Equalis Group participating members shall be in the jurisdiction of the participating agency.

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13.4 Franchise Tax: Vendor hereby certifies that he/she is not currently delinquent in the payment of

any required franchise taxes, and shall remain current on any such franchise taxes throughout the term of

this contract.

13.5 Marketing: Vendor agrees to allow Region 10 ESC and Equalis Group to use their name and logo

within website, marketing materials and advertisement. Any use of the Region 10 ESC or Equalis Group

name and logo or any form of publicity, inclusive of press releases, regarding this contract by Vendor must

have prior approval from Region 10 ESC.

13.6 Insurance: Unless otherwise modified elsewhere in this document, prior to commencing services

under this contract for a participating member, contractor shall procure, provide and maintain during the

life of this agreement comprehensive public liability insurance to include course of construction insurance

and automobile liability, providing limits of not less than $1,000,000.00 per occurrence. The insurance form

will be an “all risk” type of policy with standard exclusions. Coverage will include temporary structures,

scaffolding, temporary office trailers, materials, and equipment. Contractor shall pay for the deductibles

required by the insurance provided under this agreement.

Certificates of insurance shall be delivered to the participant prior to commencement of work. The

insurance company shall be licensed to do business and write the appropriate lines of insurance in the

applicable state in which work is being conducted. Vendor shall give the participating entity a minimum of

ten (10) days notice prior to any modifications or cancellation of policies. Vendor shall require all

subcontractors performing any work to maintain coverage as specified.

Prior to commencing any work under this contract, any subcontractor shall also procure, provide, and

maintain, at its own expense until final acceptance of the work performed, insurance coverage in a form

acceptable to the prime contractor. All subcontractors shall provide worker’s compensation insurance

which waives all subrogation rights against the prime contractor and member.

13.7 Subcontracts/Sub Contractors: If Vendor serves as prime contractor, it shall not enter into any

subcontract subject to this solicitation without prior approval from Region 10 ESC. Any/all subcontractors

shall abide by the terms and conditions of this contract and the solicitation.

No subcontract relationships shall be entered into with a party not licensed to do business in the jurisdiction

in which the work will be performed. Contractor must use subcontractors openly, include such

arrangements in the proposal, and certify upon request that such use complies with the rules associated

with the procurement codes and statutes in the state in which the contractor is conducting business.

Contractor agrees to pay subcontractors in a timely manner. Failure to pay subcontractors for work

faithfully performed and properly invoiced may result in suspension or termination of this contract. Prior to

participating member’s release of final retained amounts, Contractor shall produce verified statements from

all subcontractors and material suppliers that those entities have been paid in full amounts due and owing

to them.

13.8 Legal Obligations: It is the Respondent’s responsibility to be aware of and comply with all local,

state, and federal laws governing the sale of products/services identified in this RFP and any awarded

contract and shall comply with all while fulfilling the RFP. Applicable laws and regulation must be followed

even if not specifically identified herein.

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13.9 Boycott Certification: Respondents hereby certify that during the term of any Agreement, it does

not boycott Israel and will not boycott Israel. “Boycott” means refusing to deal with, terminating business

activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit

commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an

Israeli-controlled territory, but does not include an action made for ordinary business purposes.

13.10 Venue: All parties agree that venue for any litigation arising from this contract shall lie in

Richardson, Dallas County, Texas, and that the laws of the State of Texas shall govern the rights of the

parties and the validity and interpretation of any purchase order, contract, or service agreement that shall

arise from and include this proposal request.

[Remainder of Page Intentionally Left Blank- Signatures follow on Signature Form]

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CONTRACT SIGNATURE FORM

The undersigned hereby proposes and agrees to furnish goods and/or services in strict compliance with the

terms, specifications and conditions at the prices proposed within response unless noted in writing. The

undersigned further certifies that he/she is an officer of the company and has authority to negotiate and

bind the company named below and has not prepared this proposal in collusion with any other Respondent

and that the contents of this proposal as to prices, terms or conditions of said proposal have not been

communicated by the undersigned nor by any employee or agent to any person engaged in this type of

business prior to the official opening of this proposal.

Prices are guaranteed: 120 days

Company name

Address

City/State/Zip

Telephone No.

Fax No.

Email address

Printed name

Position with company

Authorized signature

Term of contract to

Unless otherwise stated, all contracts are for a period of three (3) years with an option to renew annually for

an additional four (4) years if agreed to by Region 10 ESC. Vendor shall honor all administrative fees for any

sales made based on the contract whether renewed or not.

Region 10 ESC Authorized Agent Date

Print Name

Equalis Group Contract Number __________

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Appendix B: PRODUCT / SERVICES SPECIFICATIONS Products and Services Covered: It is the intention of Region 10 ESC to establish a contract with Respondent(s) for Print, Scan and Copy Equipment, Managed Print Solutions, and related products and services. This solicitation should be read as to include an option for agencies to purchase equipment/services or to sign up for a Managed Print Services Solution. Respondents may elect to limit their proposals to equipment/services only, Managed Print Services or a combination of both. This includes, but is not limited to the following: In their response to this section, vendors are asked to describe their proposed offering and address the following:

Equipment/Services

• Print/Copy/Scan/Fax equipment and services – The complete catalog of products, accessories, services and supplies available from the Supplier; including but not limited to wide format, high production and centralized product shops, fax, printers, scanners and other related products and services.

• Software - Technology and workflow solutions relating to duplication of digital and scanned images and the overall management of print strategies and image duplication; multiple bands of printing and imaging technology; multiple-speed duplication and imaging output with optional application of toner and ink technologies; related equipment that scans for a variety of workflow applications. Any other related software that enhances the overall print/copy/scan/fax capabilities.

• Inter/Intranet and Network Services - The ability to analyze and document the current work flow, technologies and processes surrounding document management within an organization or enterprise and make recommendations on how changes could improve productivity and reduce cost including the design, installation, maintenance and administration of local and wide area networks.

• Document Storage and Retrieval Products and Services - Provide a wide range of products and services intended to support the needs of an organization to store, manage and retrieve critical documents. This may include products and services such as scanners, imaging systems, bar coding technology, and software designed for this purpose.

• Related Products and Services - The complete range of Products, Services, and Solutions such as analysis, inventory control, planning, software solutions, network solutions, third party integration related to the purchase or lease of items, fleet management, overflow printing services, legal document services or any other product, service and solution offered by the supplier.

Managed Print Solutions Outsourced management for a fleet of devices to include initial assessment, ongoing optimization of device deployment to maximize productivity and reduce costs, life-cycle management of devices, device repair and maintenance, supplies replenishment and proactive supplies replenishment, help desk support, on-site technical support, education and end-user training, real time hard copy fleet usage monitoring and reporting, formalized reporting on operations, and any other services required for the management of print services. Products, Services and Solutions

• Provide a description of the range of products covered by your organization’s Managed Print Services offering

• Outline everything included in your solution, including consumables (toner, staples, drums, maintenance kits, etc.), parts (fuser units, transfer kits, waste toner bottles, rollers, paper guides,

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etc.), Labor (delivery, installation, disposal, etc.), support and any other product or service required to continue the operation of the solution you are offering.

• Describe your ability to manage an onsite print center

• Provide an overview of the technology that is utilized in your MPS offering

• Describe reporting capabilities regarding consumption, optimization, billing and any other reporting capabilities that enhance the overall experience and solution being provided

List all methods of ordering provided.

• Describe in detail your assessment and ordering process and how it is scalable

• Provide your backorder policy Implementation Phase

• Describe in detail your implementation program plan, including a pre-implementation assessment, the proposed operational solution, the onboarding process, the installation process, and anticipated timelines for each

• Provide your organization’s experience of implementing with public sector agencies Training for Client

• Describe in detail the types of trainings your organization typically provides to customers. Fleet Management

• Include all cost options for on-site full-time, part-time, first service responder, consumables, etc.

• In addition, list separate costs, if any, to manage legacy installed devices from other manufacturers such as installing, moving, adding, changing and disposing of contracted devices.

• Do you offer trade in pricing for owned equipment?

• Define how meter reads are conducted.

• Define how service calls are placed. Does your equipment have built in remote/automated diagnostics capabilities?

• Detail any innovative ways that your organization helps eliminate unnecessary printing; reduce carbon footprint usage, waste, etc.

Service and Maintenance

• Describe your process for management of maintenance support, including preventive maintenance, on-site repairs, break-fix, site inspection diagnostics, and supply management

• Describe in detail the process that shall be used to ensure adequate service representatives will be available. This should include fees and or hourly rates for service/help desk integration.

• Describe your organization’s procedures for addressing and resolving customer problems and complaints, service, equipment, or billing. This should include timelines and escalation measures.

• Provide the expected response time after initial service/help desk call to have a technician on site, if needed.

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Appendix C: PRICING

Attachment B

Region 10 ESC requests that potential Respondents offer a wide array of products and services at lower

prices and with better value than what they would ordinarily offer to a single government agency, a school

district, or a regional cooperative.

All pricing must be entered into the Attachment B template provided. Products/lines completed will be used

to establish the extent of the Respondents product lines, services, warranties, etc. that are available. All

services offered under this contract must be priced or listed as free and unlisted services will not be

accepted.

Pricing must be entered into each worksheet within the Attachment B as follows:

Products and Services Price List

• Respondents are encouraged to include all high-volume products/services within the scope of

this RFP they deem are necessary to show a complete price List

• The last section in this first worksheet is included to price a Managed Print Services Solution

• It is preferred that respondents include an overall discount for all products/services within the

scope defined in this RFP to cover products/services not listed in your response and any future

products or services that may become available. The discount calculation should be based on a

discount from a verifiable price list or catalog. Cost plus a percentage as a primary method is not

allowed.

Other Pricing

• In addition to prices offered in the Products and Services Price List, respondents shall provide a calculation for pricing on all other products available under the scope of this RFP. The calculation should be based on a discount from a verifiable price list or catalog. Cost plus a percentage as a primary method is not allowed.

• Additional services such as installation, delivery, tech support, training, and other services not already included in the Core Price list should be provided in this worksheet

Other Discounts or Enhanced Pricing

• List additional rebates, discounts off list, delivery size incentives or other price discounts not

already provided in the other worksheets

• Respondents are encouraged to offer additional discounts for one-time delivery of large single

orders to participating public agencies. Participating public agencies should seek to negotiate

additional price concessions based on quantity purchases of any products offered under the

Contract.

Not to Exceed Pricing Region 10 ESC requests pricing be submitted as not to exceed for any participating entity.

➢ Unlike fixed pricing the awarded vendor can adjust submitted pricing lower if needed but, cannot

exceed original pricing submitted for solicitation.

➢ Vendor must allow for lower pricing to be available for similar product and service purchases.

Other Restrictions and Fees Please provide any other relevant information, fees or restrictions for Purchasing Group Members to receive

pricing or value under this contract, such as minimum order sizes, restocking fees, and/or any other relevant

fee or restriction associated with this contract. Fees or restrictions not listed will not be allowed under this

contract.

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Appendix D: GENERAL TERMS & CONDITIONS ACCEPTANCE FORM

Signature on the Vendor Contract Signature form certifies complete acceptance of the General Terms and

Conditions in this solicitation, except as noted below (additional pages may be attached, if necessary).

Check one of the following responses to the General Terms and Conditions:

We take no exceptions/deviations to the general terms and conditions

(Note: If none are listed below, it is understood that no exceptions/deviations are taken.)

We take the following exceptions/deviations to the general terms and conditions. All exceptions/deviations must be clearly explained. Reference the corresponding general terms and conditions that you are taking exceptions/deviations to. Clearly state if you are adding additions terms and conditions to the general terms and conditions. Provide details on your exceptions/deviations below:

(Note: Unacceptable exceptions shall remove your proposal from consideration for award. Region 10 ESC

shall be the sole judge on the acceptance of exceptions/deviations and the decision shall be final.)